Ferry disaster spurs government to review maritime safety laws

It took the sinking of a ferry with more than 800 people on board to spur the authorities to re-address safety concerns over the inter-island ferry transport system.

The 21 May disaster, when the MV Princess of the Stars capsized in 195km/hr winds, appears to have killed more than 700 people, although a final death toll has not yet been determined.

A week after the tragedy, relatives of victims complained of not being kept informed by Sulpicio Lines Inc, owner of the ill-starred ferry.

"They're keeping us in the dark. We have no idea what's happening," said Marife Caparoso. Her brother-in-law, Manuel Lonapas, was among the ill-fated passengers. Caparoso told IRIN that Sulpicio Lines had promised to inform them of any updates on survivors or fatalities but they had had no news.

Alma Rosales, whose mother was a passenger, told IRIN outside Sulpicio's main office in Cebu: "We've been going back and forth hoping to identify my mother's body. They said it would be today, but still no word from them."

Policy review

Senator Aquilino Pimentel is seeking an immediate review of the Maritime Industry Authority's (MARINA) policy of granting permits to ageing vessels to continue operating as passenger ships. He told IRIN the current policy put the passengers of such sub-standard ferries at severe risk.

MARINA is the government's highest policy-making body on maritime safety and transport, a unit of the Department of Transportation and Communication (DOTC). "I question the policy of the government, specifically the DOTC, to grant certificates of seaworthiness to second-hand vessels junked by their foreign owners that endanger the lives of innocent passengers," Pimentel said.

Senate majority leader Francis Pangilinan wants a special court to hear maritime cases, noting the slow justice system in the country. "The Philippines' record of maritime disasters is deplorable, and unscrupulous shipping companies escape their liabilities because of the slow dispensation of justice," he told IRIN. "We need to look into creating special courts that will focus on maritime cases to address this problem swiftly."

Industry record

Sulpicio has been involved in four major maritime disasters, including the 1988 Dona Paz ferry tragedy that claimed more than 4,000 lives - the worst peacetime sea disaster in the world.

Photo: Jason Gutierrez/IRIN

A fisherman paddles past the sunken remains of the ill-fated Princess of the Stars ferry off the central Philippine island of Sibuyan

Maritime disasters are frequent in the Philippines, where the ferry system is one of the major modes of transportation between 7,000 islands. "It is an indictment of our entire maritime industry - the players, government regulators and lawmakers - that take for granted the safety of passengers," said Senator Rodolfo Biazon, adding that Congress had been remiss in not passing stringent laws to improve maritime safety.

According to legislators, such laws would include holding ship-owners and operators liable for any sea accidents, tightening safety requirements in ferry operations and upgrading the Philippine Coast Guard, which is responsible for the country's sea-lanes.

Former Philippine senator John Osmena, who chaired the public services committee, told IRIN that all the passenger ships involved in fatal disasters were no longer seaworthy.

"You have Dona Paz, which was more than 25 years old, the same with Princess of the Orient and Princess of the Stars," Osmena said. "I think the rule of thumb is that the age of the ship should be 15 years at most." The seaworthiness of Princess of the Stars is one of the two issues being investigated by the Board of Marine Inquiry, he said. Politicians are also concerned about why the ship was allowed to sail into a powerful typhoon.

Inspections

MARINA conducts inspections of ships once a year to determine seaworthiness but safety authorities said this was not sufficient to ensure ships were properly equipped with life vests, fire extinguishers and other safety provisions. And in the case of the Princess of the Stars, a critical safety lapse has been exposed – the transport of a cargo of lethal agricultural pesticide on a passenger ship.

Not a single company has been criminally charged or convicted for deadly ferry accidents. In the 1988 Dona Paz incident, Sulpicio Lines was only ordered to pay the family of one victim P14 million ($381,181), based on court documents.

Delays in rescue operations by the Coast Guard have also amplified ferry tragedies. The Coast Guard has only 12 search and rescue vessels, 12 vessels for maritime surveillance and four helicopters. "It is normal for us to do multi-tasking," said Coast Guard spokesman Lt. Arman Balilo.

Funding for the Coast Guard remains modest. In 2003, its budget was P1.082 billion (roughly $22 million). In 2008 it is pegged at P1.809 billion ($40 million), based on the General Appropriations Act.

The bulk of the Coast Guards' annual budget goes to the salaries of its personnel, leaving a minimal amount for new equipment. In 2007, its capital outlay rose to P44 million ($1 million), but declined in 2008 to P25 million ($586,181).

With its limited budget, the Coast Guard can only afford to keep 4,000 people on its payroll, when it needs thousands more, particularly with the increase in strength and frequency of typhoons. "We actually need an optimum of 25,000 men and women to perform our duties well," former Coast Guard officer-in-charge vice-admiral Danilo Abinoja said.

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